Terms of Use

1. Acceptance of these Terms

By creating an account, posting a job, submitting a quote, or otherwise using the Platform, you confirm that you are at least 18 years old and agree to these Terms and our Privacy Policy. If you do not agree, do not use the Platform.

2. Accounts

You must provide accurate information when you register and keep it up to date. You are responsible for safeguarding your password and for all activity under your account. Notify us promptly of any unauthorized use.

3. Homeowner and contractor roles

The services side of the Platform supports two primary roles. Homeowners post jobs, review quotes, and hire contractors through the Platform. Contractors apply for an account, undergo verification (including a check of any applicable state license; for Florida contractors, this is checked against the Florida Department of Business and Professional Regulation, “DBPR”), submit quotes, and perform the services they are hired to do. Contractors are never charged per lead.

4. Marketplace listings and item sales

The Platform also includes a goods marketplace where users can list items for sale and buy from one another. Sellers are responsible for the accuracy and legality of their listings, for owning or having the right to sell what they list, and for completing the sale as described. Buyers are responsible for inspecting an item before completing a purchase. Listings that are unlawful, misleading, or inappropriate (as determined by us) may be removed, and repeat violations may result in account suspension. Any sale is a transaction directly between the buyer and the seller. Upostem is not a party to it and provides no warranty for listed items.

5. The Platform is a venue

Upostem provides a marketplace that helps homeowners and contractors find one another and manage a job, and that helps buyers and sellers connect on item listings. Upostem is not a party to any agreement between a homeowner and a contractor or between a buyer and a seller, does not perform contracting services, and does not employ, supervise, or control contractors. Contractors are independent businesses.

6. No employment or agency relationship

Nothing in these Terms creates an employment, agency, partnership, or joint-venture relationship between Upostem and any user. Contractors are solely responsible for their work, their licensing and insurance, their workers, and compliance with all applicable laws.

7. Verification is not a guarantee

We take reasonable steps to verify contractor licenses and information, but verification is a convenience, not a warranty. We do not guarantee the quality, safety, legality, or outcome of any service, or the accuracy of any user-provided information. You are responsible for your own due diligence before hiring.

8. Payments, quotes, and disputes

Quotes, pricing, and any payment arrangements are agreed between the homeowner and the contractor. Where the Platform facilitates payments, you agree to the applicable payment-processor terms. Disputes about services, quality, or payment are primarily between the homeowner and the contractor; Upostem may, at its discretion, offer tools to help resolve them but is not obligated to do so.

9. Acceptable use

You agree not to:

• post false, misleading, or unlawful content;
• impersonate any person or misrepresent your licensing or affiliation;
• circumvent fees, verification, or the Platform's intended use;
• harass, abuse, or harm other users; or
• interfere with or attempt to disrupt the Platform's operation or security.

10. Disclaimer of warranties

The Platform is provided “as is” and “as available,” without warranties of any kind, express or implied, including merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Platform will be uninterrupted, error-free, or secure.

11. Limitation of liability

To the maximum extent permitted by law, Upostem will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss arising from the acts or omissions of a homeowner or contractor. Our total liability for any claim relating to the Platform will not exceed the greater of the amounts you paid to Upostem in the twelve months before the claim or one hundred U.S. dollars (USD $100).

12. Termination

We may suspend or terminate your access to the Platform at any time, with or without notice, if you violate these Terms or if we discontinue the service. You may stop using the Platform and close your account at any time.

13. Governing law

These Terms are governed by the laws of the State of Florida, without regard to its conflict-of-laws rules. You agree to the exclusive jurisdiction of the state and federal courts located in Pinellas County, Florida.

14. Changes to these Terms

We may update these Terms from time to time. We will post the updated version with a new “last updated” date, and your continued use of the Platform after the change takes effect constitutes acceptance.

15. Contact

Questions about these Terms? Email us at support@upostem.com.